Unih .. d Nalions Sanclions (Iraq) Regulations, 1997

LN. 229 of 1997

UNITED NATIONS (S ECURITY COUNCIL SANCTIONS)

Ae r, 1993

(ACf NO. XX 01-' 1993)

Unih .. d Nalions Sanclions (Iraq) Regulations, 1997

IN exercise of the powers conferred by seaion 3 o f the Uni ted

Nations (Sec urity Council Sanclions) Act. 1993. hereinaf"tcr referred 10

as '·the Act", the Primc Ministe r has made the following re gulat ions:-

These regulations may be cited as the United Nations Saoctions

( Iraq) Regulations, 1997.

(Reg ulation 2)

RESOLUTION 1137 (1997)

The S«urily Council

Recalli ng all its previous re levant resolutions. and in particular its resolutions

687 (1991) on April 1991.707 ( 1991 ) of 15 August 199 1.7 15 (1991) of II October

1991. 1060 (1996) of 12 June 1996. 1115 (1997) of21 June 1997 .and 1134 ( 1997) o f

23 October 1997.

T akin g note with grave concern of the leuerof29 October. 1997 from the Deputy

Prime Minister of Iraq to the President or the Security Council (S/ I997/829) conveying

the unacceptable decision of the Govemmen t of Irdq to seek to impose condit ions on

ils cooperation with the Special Commission . of the letter of 2 Nove mber 1997 from

the Pennanent Representative of Iraq to the United Nations to the Executive Chairman

of the Special Commission (Sfl997/837, annex) which reiterated the unacce ptable

demand that the reconnaissance aircraft opeffiting on behalf of tile Special Commission

be withdrawn from use and which implicitly threatened the safety of such aircraft. and

of the leiter of6 November 1997 from the Minister of Foreign Affairs of Iraq to the

President of the Security CoullCi l (5/ 1997/855) admitting that Iraq has moved dual-

capable eq ui pmen t which is subject to monitoring by the Special Commission.

Also taking note with graveooncem of tile leiters of30October 1997 (5/ 1997/830)

and 2 Novembe r 1997 (SII997/836) from the Executive Chairman of the Special

Commission to the President of the Security Council adviSing that the Government of

Iraq had denied entry to Iraq to twO Special Commission officials on 30 October 1997

and 2 November 1997 on the grounds of their nationality. and of the le tters of 3

November 1997 (SI1997/837) . 4 November 1997 (51 1997/843), 5 November 1997

(5/ 1997/85 1) and 7 November 1997 (SII9971864) from the Executive Chainnan of the

Special Commission to the Presiden t o f the Security Council advi sing that the

Govemment o f Iraq had denied entry to sites designated for inspection by the Special

Conunission on 3, 4 . 5, 6 and 7 Noveml>er 1997 to Special Commission inspectors on

the grounds o f their nationality, and of the additio nal infonmnion in the Executive

Chairman's letter of 5 November 1997 to the President of the Security Council

(S/ I997/851) that the Government of Iraq has moved significant pieces of dual-capable

equipment subject to monitOring by the Special Commission . and that monitori ng

cameras appear to have been tampered with or covered .

Welcoming tile diplomatic initiatives. including that of the high-level miss ion of

the Secretary-General. which have taken place in an effon to ensure that Iraq complies

Unconditionally with its obligations unde r the relevant resolutions.

Deeply ronccrned at the repon of tile high-level missionofthe Secretlll')'-Geoeral

on the results of its meetings with the highest le\"cls of the Govemment of Iraq ,

RCfllll ing that its resolution 111 5 (1997) expressed its flnll intention. unless th e

Spt.'Ciat Olllllllission adl'iscd the Couocil that Iraq is in substantial com pliaocc with

paragraphs 2 alld 3 or that resolut ion. to impose additional measureson those categories

of Iraqi officials responsible for the Ilon .compliance,

Ref.lllling also that its resulution 11 34 ( 1997) reaffirmed its firm intention. if

int er alia the Special Commission repons that Iraq is not in compliance with paragraphs

2 and 3 of resolution 11 15 (1 997). 10 adopt measures wh ich would oblige Siaies to

refuse the entry intoor transi t Ihrough theirlerritories of all Iraq i offICials and members

of the Iraqi armed forees who are responsible for or participate in instances of no n-

compliance with paragraphs 2 and 3 of the resolution 11 15 (1997),

Rt-ea lling furth er th e Slatement of it s Presi dent of 29 October 1997

(SIPRST/ I997/49) in which the Council condemned the decision of the Govenlmem

of Iraq to try to dictate the terms of its compliance with its obligation to cooperate

with the Special Commission. and warned of the serious consequences o f Iraq's failure

to comply immediatel y and fully and without conditions or restricti ons with its

obligations underthc relevant resolutions.

Reiterating the commitment of all Membe r states to the sovereignty. territorial

integrity and political independence of Ku wai t and Iraq.

Determined to ens ure immediate and full compliance without conditions or

restrictions by Iraq with its obligations under the relevant resolutions.

Iktermini ng that this si tuat ion conlinues to constitute a threat to international

peace and Stturity.

Actin!! und er Chapter VI I of the Charter.

I. Condemnsthe continued violations by Iraq of its obligations under the rel evant

resolutions to cooperate full y and unconditionall y with the Special CommissiOfl in the

fulfilment of its mandate. including its unacce ptable decisiOfl of 29 October 1997 to

seek to impose condit ions on cooperntion with the Special Commission. its refusal on

30 Octobe r 1997 and 2 November 1997 to all ow entry to Iraq to t\.\'o Special Commission

officials on the grounds of their nationalit y. its denial of entry on 3. 4 .5,6 and 7

November 1997 to siTes designated by the Special Commission for illspection to Special

Commissio n inspectors on the gro unds of their nat ionality. its implicit threat 10 the

safety o f the reconnaissance aircraft operating OIl behalf of the Special Commission .

its removal of significant pieces of dual -use equipment from their previous si tes. and

its tampering wi th monitoring cameras of the Special Commission

2 . J)emands tha t the Gove rn ment of Iraq rescind immediately its decision of

29 Octobe r 1997

3. Dema nds also that Iraq coope rate fu ll y and immediately and without

conditions or restrictions with the Special Commission in accordance with the relevant

resolutions. which constilUtc tl!(: governin g standanl of Iraqi compliance

For the purpose of subsection (2) of seaion 3 of lhe Act. the

Resolution is published in Ihe English Language in the Schedule to

these reg ulations.

The entry into. or transit through. Malta of Iraqi officials and

members of the Iraqi amled forces who were responsible for. or

partici pated in. the instances of non-compliance with the relevant

resolutions . to cooperate fully and uncondilionally with the Special

Commission in the fulfilment of ilS mandate. shall be preventcd .

4, Any person found guillY of an offence agai nst these regUlations

shall. on conviction. be liable to a fine (multa) not excecding fifty

thousand Maltese liri .

Decides. in acconlance with paragraph 60fresolUlion 1134 ( 1997). thai States

shall wit hou t delay prevent the entry iRlo or transit Ih rough the ir te rritories of all Iraqi

officials and members of the Iraqi armed fCNttS who were responsible for or panici~tcd

in II!(: instances on flOn-compliance detailed in ~rograph I above. provided that the

entry of a person into a panicular State on a specified dale may be authorized hy the

Committee es tablished by resolution 661 (1990) of 6 August 1990, and provided that

noth ing in this paragraph shall oblige a State to re fuse entry into its own terrilOfY 10 its

own nationa ls. or to perso ns carrying out bona fide diplomatic assignments. or missions

approved by the Committee established by resolution 661 (1990)

Decides also . in acconlance with paragraph 7 of resolution 1134 ( 1997). to

designate in consultation with the Special Commission a list of individuals whose

entry Of transit will be prevented uOOcrthc pro visionsofparagraph4 above.and r equests

the Comminee established by re solution 66 1 (1990) to develop guidelines a nd

procedures as appropriate for the imp lementation of the measures sct ou t in paragraph

4 above, and to transmit copies of these guidelines and procedures , as well as a list of

the individuals designated. to all Member States

Decides that the provisions of paragraphs 4 and 5 above shall terminate one

day after the executive Clminnan of the Special Commission report to the Council that

Iraq is allowing the Special Commission inspection teams immediate , uncondit ional

and unrestricted access to any and all areas. facilities, equipment, reconls and means

of transponation wh ich they wish to inspect in accordance with the mandate of the

Special Commission. as .... ·el1 as to officials and Olher persons under the authority of

the Iraqi Govern ment whom the Special Commission wishes fO interview so that the

Special Commission may fully discharge its mandate

Decides that the reviews provided for tin paragraphs 21 and 28 o f resolution

687 ( 1991) shall resume in April 1998 in accordance with parngrnph 8 of resolution

1134 ( 1997), provided that the Gove rn ment of lrnq shall have complied with paragraph

2 above;

Expresses the finn intention to take fu rther measures as may be required for

the implementation of this resolution

Reaffirms Ihe responsibility of the Government of Iraq under the relevant

re solutions 10 ensure lhe safelY and securilY of the personllCl and equipment of the

Special Commission and its inspecti on teams;

Reaffirms also ilS full suppon for the authority of the Special Conunission

under ilS Executive Chairman 10 ensure the implementalion of its mandate under the

relevant resolutions of fhe Council

II .

Decides to remain sei7.ed of the mailer.